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DECISION

Decision No. 215/QD-TTg of February 16, 2011, guiding the structure, composition and number of deputies to People’s Councils at all levels for the 2011-2016 term

THE PRIME MINISTER

Pursuant to the 2003 Law on Election of Deputies to People’s Councils;

Pursuant to the 2010 Law Amending and Supplementing a Number of Articles of the Law on Election of Deputies to the National Assembly and the Law on Election of Deputies to People’s Councils;

Pursuant to the National Assembly Standing Committee’s Resolution No. 1018 NQ/UBTVQH12 of January 21, 2011, announcing the election date and establishing the Council for Election of Deputies to the XIIIth National Assembly and Deputies to People’s Councils at all levels for the 2011-2016 term;

Pursuant to the Election Council’s Plan No. 01/KH-HDBC of January 24, 2011, on election of deputies to the XIIIth National Assembly and deputies to People’s Councils at all levels for the 2011-2016 term;

Considering the Minister of Home Affairs’ Report No. 413/TTr-BNV of February 14, 2011,

DECIDES:

Article 1. Requirements

1. Projection and direction of the structure and composition of deputies to People’s Councils at all levels must ensure promotion of democracy and centralized and uniform leadership of personnel work.

2. Persons nominated as candidates for the election of deputies to People’s Councils at all levels must have qualifications and conditions for discharging a deputy’s duties; keep constant, close contact with the people, listen to and respect the people’s opinions, be uncorrupt, always protect the legitimate rights and interests of the people, and earn their trust.

3. Assurance of a reasonable structure of deputies who are working at Party and State agencies, in armed forces, the Fatherland Front and mass organizations; reasonable proportions of deputies who are from ethnic minority groups, female deputies, young deputies, deputies who are intellectuals and religious dignitaries, deputies who have worker and farmer backgrounds, and are typical entrepreneurs of all economic sectors.

4. The selection and introduction of candidates for the election of deputies to People’s Councils at all levels must ensure favorable conditions for all citizens to fully exercise their rights to stand for election and to elect in accordance with law.

Article 2. Competence to project the structure and composition of deputies to People’s Councils at all levels

The standing boards of People’s Councils shall assume the prime responsibility for, and coordinate with People’s Committees and standing boards of Vietnam Fatherland Front Committees of the same level in, projecting the structure and composition of deputies to People’s Councils of their level under Article 14 of the 2003 Law on Election of Deputies to People’s Councils.

Article 3. Orientation on the structure and composition of deputies to People’s Councils at all levels

On the basis of the specific situation of each administrative unit for projecting and adjusting the structure and composition of deputies to People’s Councils at all levels suitable to each locality, the following structure orientations shall be followed:

1. For deputies aged under 35 years, to strive to reach a general proportion not lower than 15%.

2. For female deputies, to strive to reach a general proportion of 30% or higher.

3. For non-Party member deputies, to strive to reach a general proportion not lower than 10%.

4. To add a full-time departmental deputy head for departments of People’s Councils of provinces and centrally run cities which are implementing the trial project on non-establishment of People’s Councils of rural districts, rural districts and wards.

Article 4. Number of deputies to People’s Councils at all levels

1. The standing boards of People’s Councils shall assume the prime responsibility for, and coordinate with People’s Committees of the same level, on the basis of the population of each provincial-, district- or commune-level administrative unit as of December 31, 2010, in, fixing the number of deputies for their respective People’s Councils under Article 9 of the 2003 Law on Election of Deputies to People’s Councils. Specifically:

a) For People’s Councils of communes, wards and townships

- Lowland communes and townships with a population of 4,000 (four thousand) or fewer may elect 25 (twenty-five) deputies; those with a population of over 4,000 (four thousand) may elect an additional deputy per extra 2,000 (two thousand) persons, yet the total number of deputies must not exceed 35 (thirty-five);

- Mountain and island communes and townships with a population of 3,000 (three thousand) down to 2,000 (two thousand) may elect 25 (twenty-five) deputies; those with a population of over 3,000 (three thousand) may elect an additional deputy per extra 1,000 (one thousand) persons, yet the total number of deputies must not exceed 35 (thirty-five); those with a population of under 2,000 (two thousand) down to 1,000 (one thousand) may elect 19 (nineteen) deputies; and those with a population of under 1,000 (one thousand) may elect 15 (fifteen) deputies;

- Wards with a population of 8,000 (eight thousand) or fewer may elect 25 (twenty-five) deputies; those with a population of over 8,000 (eight thousand) may elect an additional deputy per extra 4,000 (four thousand) persons, yet the total number of deputies must not exceed 35 (thirty-five).

b) For People’s Councils of rural districts, urban districts, towns and provincial cities

- Lowland rural districts and urban districts with a population of 80,000 (eighty thousand) or fewer may elect 30 (thirty) deputies; those with a population of over 80,000 (eighty thousand) may elect an additional deputy per extra 10,000 (ten thousand) persons, yet the total number of deputies must not exceed 40 (forty);

- Mountain and island rural districts with a population of 40,000 (forty thousand) or fewer may elect 30 (thirty) deputies; those with a population of over 40,000 (forty thousand) may elect an additional deputy per extra 5,000 (five thousand) persons, yet the total number of deputies must not exceed 40 (forty);

- Towns with a population of 70,000 (seventy thousand) or fewer may elect 30 (thirty) deputies; those with a population of over 70,000 (seventy thousand) may elect an additional deputy per extra 10,000 (ten thousand) persons, yet the total number of deputies must not exceed 40 (forty);

- Provincial cities with a population of 100,000 (one-hundred thousand) or fewer may elect 30 (thirty) deputies; those with a population of over 100,000 (one-hundred thousand) may elect an additional deputy per extra 10,000 (ten thousand) persons, yet the total number of deputies must not exceed 40 (forty).

c) For People’s Councils of provinces and centrally run cities

- Lowland provinces and centrally run cities with a population of 1,000,000 (one million) or fewer may elect 50 (fifty) deputies; those with a population of over 1,000,000 (one million) may elect an additional deputy per extra 50,000 (fifty thousand) persons, yet the total number of deputies must not exceed 85 (eighty-five);

- Mountain provinces with a population of 500,000 (five-hundred thousand) or fewer may elect 50 (fifty) deputies; those with a population of over 500,000 (five-hundred thousand) may elect an additional deputy per extra 30,000 (thirty thousand) persons, yet the total number of deputies must not exceed 85 (eighty-five);

- Hanoi capital and other provinces and centrally run cities with a population of over 3,000,000 (three million) may elect not more than 95 deputies (ninety-five).

2. Rural districts, urban districts, towns and provincial cities mentioned at Point b, Clause 1, Article 4 of this Guidance which have between 30 (thirty) attached administrative units, may elect more than 40 (forty) deputies, with specific numbers to be decided by the National Assembly Standing Committee at the proposal of the standing boards of the People’s Councils of provinces or centrally run cities.

Article 5. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and local administrations at all levels

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, standing boards of People’s Councils and People’s Committees of provinces and centrally run cities shall implement this Decision.

Article 6. This Decision takes effect on the date of its signing.